Immigration Law

Recent Posts

How the Trump White House misled the world about its family separation policy: Terry Gross, Fresh Air
Posted on 12 Aug 2022 by Daniel M. Kowalski

Terry Gross, Fresh Air, Aug. 11, 2022 " The Atlantic 's Caitlin Dickerson spent 18 months filing lawsuits for documents to put together the story of the Trump administration's policy of separating migrant families at the border. "The... Read More

DOJ OIG Report Slams Sessions, Zero Tolerance
Posted on 14 Jan 2021 by Daniel M. Kowalski

DOJ OIG, Jan. 2021 - Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy and Its Coordination with the Departments of Homeland Security and Health and Human Services Read More

Sessions, Rosenstein, Miller Targeted Migrant Children
Posted on 7 Oct 2020 by Daniel M. Kowalski

Michael D. Shear, Katie Benner and Michael S. Schmidt, New York Times, Oct. 7, 2020 "The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented... Read More

Jeffrey S. Chase on De Pena Paniagua v. Barr, Gender Per Se
Posted on 11 May 2020 by Daniel M. Kowalski

Jeffrey S. Chase, May 10, 2020 "In De Pena Paniagua v. Barr , a three-judge panel of the U.S. Court of Appeals for the First Circuit made several corrections to the Trump administration’s application of the law of asylum as it applies to... Read More

Trump Got His Wall, After All
Posted on 26 Nov 2019 by Daniel M. Kowalski

Rachel Morris, Highline, Nov. 24, 2019 "IN THE TWO YEARS AND 308 DAYS THAT DONALD Trump has been president, he has constructed zero miles of wall along the southern border of the United States. He has, to be fair, replaced or reinforced 76 miles... Read More

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

Why I Resigned as an Immigration Judge
Posted on 5 Aug 2019 by Daniel M. Kowalski

Ilyce Shugall, Aug. 4, 2019 "I have been an immigration lawyer dedicated to fairness and due process for immigrants my entire career. In 2015, convinced that my 18 years of experience as an advocate would make me a good immigration judge, I applied... Read More

Materials Related to L-E-A-
Posted on 31 Jul 2019 by Daniel M. Kowalski

Link to the July 29, 2019 A.G. decision here . Link to briefs and other materials collected by CLINIC Legal here . Read More

NWIRP Reaches Settlement with DOJ to Continue to Provide Assistance to Unrepresented Respondents in Removal Proceedings
Posted on 18 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 17, 2019 "Northwest Immigrant Rights Project (NWIRP) and the Department of Justice (DOJ) entered into a settlement agreement in NWIRP v. Sessions , a lawsuit filed in 2017 by NWIRP and Maggie Cheng, a staff attorney at NWIRP, challenging... Read More

Groundbreaking Federal Court Decision Requires Prompt Bond Hearings or Release for Certain Asylum-Seekers
Posted on 6 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 5, 2019 "Today, in a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered... Read More

Whose Court Is This Anyway?
Posted on 2 Apr 2019 by Daniel M. Kowalski

Lorelei Laird, ABA Journal, April 2019 Immigration judges accuse executive branch of politicizing their courts [Please read this detailed "deep dive" into the murky world of EOIR, including the Board of Immigration Appeals and the Immigration... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

Cyrus Mehta: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More

CA3 Upholds Philadelphia's 'Sanctuary Cities' Victory Against Feds
Posted on 16 Feb 2019 by Daniel M. Kowalski

Philadelphia v. Attorney General "Concluding that Congress did not grant the Attorney General this authority, we hold that the Challenged Conditions were unlawfully imposed. Therefore, we will affirm the District Court’s order to the extent... Read More

It Was Her Dream to be an Immigration Judge...And Then it Wasn't
Posted on 14 Feb 2019 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Feb. 13, 2019 "Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job — being an immigration judge — was no longer tenable. It was June 11, 2018... Read More